General interpretation
3. In regulation 2(1) —
(1) in the definition of “betting intermediary (trading room only) operating licence” insert after “through intermediaries other than H”—
“, or with a person other than H who is either the holder of a remote general betting (standard) operating licence or provides facilities for remote betting the arrangements for which are subject to the law about gambling of an EEA state, Gibraltar or a country or place specified in regulations made under section 331(4) of the Act”(1).
(2) in the definition of “combined non-remote operating licence”, for “15(b)” substitute “15(1)(a)”;
(3) in the definition of “combined remote operating licence”, for “15(a)” substitute “15(1)(b)”;
(4) in the definition of “general betting (limited) operating licence”—
(a)in paragraph (b)(ii)(aa), for “by means of a telephone” substitute—
“in circumstances in which each bet made or accepted pursuant to the licence occurs—
(i)by means of a telephone or by email, and
(ii)otherwise than by wholly automated means”;
(b)in paragraph (b)(ii)(bb), for “£250,000” substitute “£550,000”;
(c)after paragraph (b), insert—
“(c)in paragraph (b)(ii)(aa)(ii), a bet occurs otherwise than by wholly automated means if the arrangements for it are provided, operated or administered by an individual;”
(5) after the definition of “general betting (standard)(real events) operating licence”, insert—
““general betting (standard)(remote platform) operating licence” means a licence which—
(a)falls within paragraph (b) of the definition of a general betting (standard) operating licence, and
(b)authorises the licensee to provide facilities for gambling only by means of a service supplied by—
(i)the holder of a remote betting intermediary operating licence,
(ii)the holder of a remote general betting (standard) operating licence, or
(iii)any other person who provides facilities for remote betting the arrangements for which are subject to the law about gambling of an EEA state, Gibraltar or a country or place specified in regulations made under section 331(4) of the Act;”;
(6) after the definition of “general betting (standard)(virtual events) operating licence” insert—
““group company” means in respect of a company “A” any other company which is a subsidiary or holding company of A (as those terms are defined in section 1159 of the Companies Act 2006(2)) or any subsidiary of such holding company;”.
The Gambling Act 2005 (Advertising of Foreign Gambling) Regulations 2007 (S.I. 2007/2329, as amended by S.I. 2008/2829) were made under section 331(4) of the Act, and specify that the Island of Alderney, Tasmania and Antigua and Barbuda are to be treated for the purposes of section 331(2) of that section as if they were an EEA State, but only in so far as that provision applies to remote gambling.